M&P Mag question . . .

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My buddy just picked up a NIB S&W MP9 yesterday at Four Seasons. He is also cashing in on the two free magazines promo that S&W is currently running. On the mail in rebate, you have to check the box next to what mags you want. There are a few options, and a few of them are high cap options. Can he legally possess these mags, (the high caps) or is it a a no-go. I'm assuming the later, but figured I'd ask. Thanks.
 
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